[Adopted 2-9-2006 as Ch. 26 of the 2006 Code of the Borough of High Bridge]
As used in this article, the following shall have the meanings
indicated:
As applied to public utility companies, means poles, wires,
cables, surface conduits, pipes, manholes and appurtenant facilities
of such companies installed in a street.
A public utility as defined in the Revised Statutes of the
State of New Jersey (N.J.S.A. 48:2-13).
No person or corporation shall cut, break, climb, injure or
remove any tree in a public highway of the Borough of High Bridge,
or any plant, shrub or tree in any park of the Borough of High Bridge,
without a written permit from the Zoning Officer.
No person or corporation shall place any rope, wire, sign, poster
or other fixture on a tree or a tree guard in a public highway, or
injure, misuse or remove, or cause or procure any person to injure,
misuse or remove, any device placed to protect any tree or plant in
any street or any park of said Borough, without a written permit from
the Zoning Officer.[1]
[1]
Editor's Note: Original § 26-4 of the 2006 Code, Entering lawns and grounds of public parks, § 26-5, Littering parks, and § 26-6, Selling, advertising or distributing circulars in parks, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall fasten a horse or other animal to a tree in
a public highway or in any public park, or cause a horse or other
animal to stand so that said horse or animal can injure any tree,
shrub or plant.
No shade or ornamental tree or shrub shall be planted in any
of the public highways until such tree or shrub shall have first been
approved, and the place where it is to be planted shall have been
designated, by the Zoning Officer and a permit granted therefor.
No person or corporation shall, without a written permit from
the Zoning Officer, place or maintain, or cause to be placed or maintained,
upon the ground in a public highway, any stone, cement or other sidewalk
or any stone, cement or other substance which shall impede the free
access of water and air to the roots of any tree in such highway.
Unless otherwise provided for in such permit, there must be maintained
about the base of the trunk of such tree in the street at least four
square feet of open ground for a tree of three inches or less in diameter,
and for every three inches of increase in such diameter there must
be an increase of at least one square foot of open ground.
Throughout the period of the erection or repairing of any building
or structure, or in the improvement or repairing of any highway, the
owner thereof or the contractor shall place such guards around all
nearby trees on the public highway as shall effectually prevent injury
to such trees.
No person or corporation shall string any wire or wires through
any public park without a written permit from the Recreation Committee.
Any person or corporation having any wire or wires running through
a public park or highway shall securely fasten such wire or wires
so that they shall not come in contact with any part of any tree therein.
When necessary to prune or take down any tree located in a public
park or highway, any person or corporation having a wire or wires
running through any public park or highway shall temporarily remove
such wire or wires within 24 hours after the service upon the owner
of said wire or wires or upon his agent of a written notice signed
by the Zoning Officer.
No person shall do any of the following acts to any tree on
a street without the prior permit of the Zoning Officer:
A.
Cut, disturb or interfere in any way with any root.
B.
Spray with any chemical.
C.
Remove or damage any guard or device placed to protect any tree or
shrub.
D.
Conduct razing, removal or renovation of any structure if deemed
by the Zoning Officer to be damaging to neighboring street trees.
E.
Place or distribute chemicals, including but not limited to salt
deleterious to tree health.
F.
Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
G.
Remove soil, either for trenching or otherwise.
H.
Construct new sidewalks and/or driveways with any material whatsoever
within five feet of a tree.
A.
The Zoning Officer may grant to public utility companies a blanket
permit for tree pruning for line clearance and for the installation
and the maintenance of subsurface and aboveground plant construction
if there is interference with or endangerment to street trees.
B.
Public utility companies may, during periods of emergency, without
specific prior permit install temporary attachments to trees and make
emergency subsurface repairs.
C.
Each public utility company shall exercise reasonable diligence in
the maintenance of its plant construction so as to avoid damage to
trees.
